(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. On 12.03.2012, this Court directed Registry to make necessary arrangement getting an Advocate from Legal Aid Committee to assist the respondent. The matter was adjourned for today 26.03.2012.
1.1 It is brought to the notice of the Court that on 12.03.2012 itself, the High Court Legal Aid Committee appointed learned Advocate Mr.Jigar Ghanshyambhai Gadhavi as an Advocate for the respondent.
2. Today when the matter is called out, the respondent, who is present in person, places on record a communication dated 15.03.2012 intimating that learned Advocate Ms.Nisha Parikh is appointed as an Advocate for the respondent. The respondent states that he contacted learned Advocate Ms.Nisha Parikh on the Mobile Phone number given in the said communication and the learned Advocate has asked him to take adjournment in the matter.
2.1 The respondent was asked to request the learned Advocate to appear before the Court. The respondent informed the Court after 10 minutes that he could not contact the learned Advocate as the Mobile Phone of the learned Advocate is showing 'busy' and therefore, he is not able to convey the request of the Court to the learned Advocate. The Sheristedar was asked to send message to the learned Advocate and on receipt of that message, learned Advocate has appeared in the Court.
3. Learned Advocate Ms.Nisha Parikh states that it was at 11.15 am when she received a telephone call from the respondent intimating her that she is appointed as an Advocate in his matter. She further submits that she did not know the number of the matter; she did not know any other details of the case nor she is given any intimation by the High Court Legal Aid Committee. She submitted that she has learnt from the respondent that earlier, learned Advocate Mr.Jigar Ghanshyambhai Gadhavi was appointed, but as he has shown his inability to appear in the matter, now she is appointed as an Advocate. She submitted that, that being so, she may require 'no objection' from the learned Advocate on her Vakalatnama before filing her appearance.
4. The aforesaid facts suggest that the High Court Legal Aid Committee is appointing learned Advocate/s without contacting the learned Advocates and ascertaining his /her or their willingness and availability to appear in a case. Due to that practice, the present difficulty seems to have arisen.
5. Registry is directed to bring this fact to the notice of the Hon'ble Judge, in-charge of the High Court Legal Aid Committee so that an improved procedure can be provided for appointing an Advocate in the matter to avoid such a situation being recurring.
6. At the request of learned Advocate Ms.Nisha Parikh, the matter is adjourned to 09.04.2012.
(Ravi R.Tripathi, J.) (G.B.Shah, J.) *Shitole Top